The applicant condominium corporation sought a compliance order requiring the respondent unit owners to remove unauthorized landscaping alterations from the common elements adjacent to their properties.
The respondents argued the application was barred by the Limitations Act, the failure to mediate under the Condominium Act, and equitable defences including laches.
The court granted the application, finding that the alterations violated section 98 of the Condominium Act, which cannot be overridden by delay or equitable defences, and that mediation is not a mandatory precondition for enforcing statutory compliance.
However, the court reduced the applicant's costs award by 20% because it unreasonably refused to mediate before litigating.
